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Provident Fund A case study of Puls Trading Far East Ltd.
Submitted to :
Professor Shahjahan Mina
Vice- Chancellor and Internship Supervisor Department of Business Administration Daffodil International University
BBA 16th Batch ID No- 071-11-1609 Department of Business Administration
Letter of Transmittal
Professor Shahjahan Mina
Vice - Chancellor and Internship Supervisor Department of Business Administration Daffodil International University 102Shukrabad, Dhaka-1204.
Subject :Submission of Internship Report
Dear Sir, It gives me immense pleasure to Submit the internship report on “Provident Fund as a case study on “Puls Trading Far East Ltd” as a requirement of the BBA Program of the Department of Business Administration. Apart from the academic Knowledge gained this internship program and preparation of report has given me the opportunity to acquaint myself with the new environment of ACNABIN C.A Firm. I believe that the experience I acquired from this study will be an invaluable asset in my life. It expresses my gratitude to you for providing me the opportunity to learn about the Provident Fund. In spite of various shortcomings, I have devoted my best effort to the Puls Trading Far East Ltd in company visiting and monitoring as an advisor. I hope you will appreciate my endeavor and find the report up to your expectation. It has to be mentioned further that without your expert advice and cooperation it would not have been possible to complete this report. I shall be pleased to answer any sort of query you may regarding this report.
BBA 16th Batch ID No- 071-11-1609
Table of Contents
Topics Title Fly Title Page Letter of Transmittal Acknowledgement Executive Summary Table of Contents Chapter One (01) Introduction: Origin of the Report Background of the Report Scope of the Study Objectives of the Study Methodology of the Study Organization of the Report Limitation of the Study Chapter Two (02) Literature Review Chapter Three (03)
I II III IV
1 1 1 2 2 3 3
Overview of ACNABIN
Background of the Company Main activities of the Company
Chapter Four(04) Profile of Puls Trading Far East Limited: Definition of Provident Fund
14 16 19
17 21 22 23 29
Provident Fund Act,1925
Significant Provident Fund policies
Fund Structure Fund Analysis Chapter Five(05) Provident Fund In Bangladesh Investment of Provident Fund. Investment of Provident Fund in Bangladesh Provident Fund Deed & Rules Difference Between Provident Fund & Gratuity About Puls Trading Far East Limited
Provident Fund Scheme:
Criteria For Provident Fund Recognition
Final Settlement of Provident Fund Chapter Six(06) Loan Policy General Information Steps of Management Audit Process of Management Audit Enquiry Examinations Confirmation Observation of pertinent activities and conditions Co-relation of information Chapter Seven(07) Findings, Conclusions and Recommendation
Risk Assessment Materiality Worksheet of ZFCL
Non-compliance of Bangladesh Accounting Standards (BAS) in ZFCL Compliance with Bangladesh Standards on Auditing (BSA) Chapter Eight (08) Bibliography
Management Audit Questionnaire (MAQ)
Definition of Provident Fund:
"Provident Fund" means a fund in which subscriptions or deposits of any class or classes of employees are received and held on their individual accounts, and includes any contribution and any interest or increment accruing on such subscriptions, deposits or contributions under the rules of the Fund; The Act provides three types of provident fund: the Government Provident Fund, Railway Provident Fund and Contributory Provident Fund. The Government Provident Fund is constituted by the authority of the government for any class or classes of persons in the service of the republic. It also includes persons employed in educational institutions or employed by bodies existing exclusively for educational purposes. Railway Provident Fund is established by the authority of the railway administration for any class or classes of its employees. In case of Contributory Provident Fund, contribution in any amount is credited in a provident fund by any authority administering the Fund. This is done to add to the credit of an individual account in the fund. "Government Provident Fund" means a Provident Fund, other than a Railway provident Fund, constituted by the authority of the Government] for any class or classes of persons in the service of the Republic] or of persons employed in educational institutions or employed by bodies existing solely for educational purposes, "compulsory deposit" means a subscription to, or deposit in, Provident Fund which, under the rules of the Fund, is not, until the happening of some specified contingency, repayable on demand otherwise than for the purpose of the payment of permit in respect of policy of life insurance or the payment of subscriptions or premia in respect of a family pension fund, and includes any contribution and any interest or increment which has accrued under the rules of the Fund on any such subscription, deposit, or contribution, and also any such subscription deposit, contribution interest or increment remaining to the credit of the subscriber or depositor after the happening any such contingency;
(b) "contribution" means any amount credited in a Provident Found, by any authority
administering the Fund, by way of addition to, a subscription to, or deposit or balance at the credit of an individual account in, the Fund; and "contributory Provident Fund" means a Provident Fund the rules or which provide for the crediting of contributions; (c) "dependant" means any of the following relatives of a deceased subscriber to, or a depositor in, a Provident Fund, namely, a wife, husband, parent, child, minor brother, unmarried sister and a deceased son's widow and child, and, where no parent of the subscriber or depositor is alive, a paternal grand-parent; (g) "Railway Provident Fund" means a Provident Fund constituted by the authority of the railway] administration for any class or classes of its employees. Knowledge Gained From Provident Fund Definition:
Provident fund is good for saving schemes for salaried people. Employers and employees contribute a certain amount of money towards most of the provident fund.
Protection of compulsory deposits : (1) A compulsory deposit in any Government or Railway Provident Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Civil, Revenue or Criminal Court in respect of any debt or liability incurred by the subscriber or depositor, and neither the Official Assignee nor any receiver appointed under the * * *] Insolvency Act, 1920, shall be entitled to, or have any claim on, such compulsory deposit. (2) Any sum standing to the credit of any subscriber to, or depositor in, any such Fund at the time of his decease and payable under the rules of the Fund to any dependant of the subscriber or depositor, or to such person as may be authorised by law to receive payment on his behalf, shall, subject to any deduction authorised by this Act and, save where the dependant is the widow or child of the subscriber or depositor, subject also to the rights of an assignee under an assignment made before the commencement of this Act, vest in the dependant, and shall, subject as aforesaid, be free from any debt or other liability incurred by the debased or incurred by the dependant before the death of the subscriber or depositor. Provident Fund Act, 1925 : 1 An Act to amend and consolidate the law relating to Government and other Provident Funds. WHEREAS it is expedient to amend and consolidate the law relating to Government and other Provident Funds; It is hereby enacted as follows:Short title extent and commencement 1. (1) This Act may be called the Provident Funds Act, 1925. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. Defined contribution to provident Fund and defined benefits to Gratuity Fund PROVIDENT FUND AND GRATUITY Sec.38. Provident Fund S.41-A. Gratuity O.347-A. For purpose of payment of premiums toward an Insurance Policy of a Subscriber, withdrawals at his option, from Provident Fund Account shall be allowed from out of the subscription of a member of the staff. Provided that no amount shall be allowed to be withdrawn before the details of the proposed policy including the existing policies have been submitted and they are accepted as suitable. O.347-B. A subscriber shall be liable to refund any amount withdrawn towards the payment of insurance premium if the Syndicate later on has any reasons therefore, with interest hereon
at the rate allowed on the P.F. Account and the amount so recovered from the emoluments of the subscriber shall be placed to the credit of the subscriber in the Fund. O.347-C. (1) The policy, within three months after the first withdrawal from the Fund in respect of the policy or in the case of an Insurance Company whose headquarter is outside India, within such further period as the Registrar if he is satisfied by the production of the completion certificate (Interim Receipt), may fix shall : (a) unless it is a policy expressed on the face of it to be for the benefit of the wife of the subscriber, or of his wife and children or any of them, be assigned by an endorsement on the policy in Form-l set forth in the Schedule to the University as security for the payment of any sum which may become payable to the fund by the subscriber under Ordinances 347-E 347-F and delivered to the Registrar. (b) If it is a policy expressed on the face of it to be for the benefit of the wife of the subscriber or of his wife and children, or any of them, be delivered to the Registrar. 2. The Registrar shall satisfy himself by reference to the Insurance Company, where possible, that no prior assignment of the Policy exists. 3. Once a policy has been accepted for the purpose of being financed from the fund the terms of the policy shall not be altered. 4. If the Policy is not assigned and delivered within the said period of three months or such further period as the Registrar may, under clause (1) have fixed, any amount withdrawn from the fund in respect of the policy shall with interest thereon at the rate allowed on the P.F. account forthwith be paid by the subscriber to the fund, or in default be ordered by the Registrar to be recovered by deduction from the emoluments of the subscriber by installments or otherwise as the Syndicate may direct. 5. Notice of assignment of the Policy shall be given by the subscriber to the 126 PROVIDENT FUND AND GRATUITY CH. XLV Insurance Company, and the acknowledgement of the notice by the Insurance Company shall be sent to the Registrar within three months of the date of assignment. . O.347-D. The subscriber shall not during the currency of the policy, draw any bonus, the drawal of which during such currency is optional under the terms of the policy and the amount of any bonus, which under the terms of the policy the subscriber has no option to refrain from drawing during its currency, shall be paid forthwith into the Fund by the subscriber or in default recovered by deduction from his emoluments by installments or otherwise as the Syndicate may direct. O.347-E. (1) Save as provided by clause (2) of Ordinance 347-G when the subscriber: (a) Quits the service. Or (b) proceeds on leave preparatory to retirement and applies to the Registrar for reassignment or return of the policy.
Or (c) while on leave, has been permitted to retire or declared by a medical authority to be unfit for further service and applies to the Registrar for reassignment or return of the policy. Or (d) pays to the Fund the whole or any amount from the fund for the purpose of payment of premium, The Registrar shall : (i) if the Policy has been assigned to the University under Ordinance 347- E re-assign policy in Form II set forth in the Schedule to the subscriber and make it over to the subscriber. (ii) if the policy has been delivered to him under clause (1) (b) of Ordinance 347/C, make over the Policy to the subscriber. Provided that if the subscriber, after proceeding on leave preparatory to retirement or after being, while on leave permitted to retire or declared by a medical authority to be benefit for further service returns to duty, any policy so re-assigned or made over shall, if it has not matured or been assigned or charged or encumbered in any way, be again assigned to the University and delivered to the Registrar or again be delivered to the Registrar, as the case may be in the manner provided in Ordinance 347-C ,and thereupon the provisions of these Ordinances shall, so far as may be, again apply in respect of the policy: Provided further that, if the policy has matured or been assigned or charged or encumbered in any way, the provisions of clause 3 of Ordinance 347-C applicable to a failure to assign and deliver a policy shall apply. (2) Save as provided by clause (2) of Ordinance 347-G, when the subscriber dies before putting the service, the Registrar shall :– CH. XLV PROVIDENT FUND AND GRATUITY 127 (i) if the policy has been assigned to the University under Ordinance 347-C, assign the policy in Form III set forth in the Schedule to such person as may be legally entitled to receive it and shall make over the policy to such person, together with a signed notice of re-assignment addressed to the Insurance Company. (ii) if the policy has been delivered to him under sub-clause (b) of clause (1) of Ordinance 347-C make over the policy to the beneficiary, if any, or if there is no beneficiary to such person as may be legally entitled to receive it. O.347-F. (1) Save as provided by clause (2) of Ordinance 347-G, if a policy assigned to the University under Ordinance 347-C matures before the subscriber quits the service and before his death, the Registrar shall the amounts assured and shall deduct there from the whole or any amount withdrawn from the fund in respect of the policy with interest thereon at the rate allowed on the P.F. account and shall place the amount so deducted to the credit of the subscriber in the Fund. The balance, if any, shall at the option of the subscriber, be paid to the subscriber or placed to the credit of the subscriber in the Fund.
(2) Save as provided by clause (2) of Ordinance 347-G, if a policy delivered to the Registrar under clause (1) (b) of Ordinance 347-C matures before the subscriber quits the service and before his death, the Registrar shall make over the policy to the subscriber, who shall pay to the Fund the whole or any amount withdrawn from the Fund in respect of the policy with interest thereon at the rate allowed on the P.F. account and in default, the provisions of clause (3) of Ordinance 347-C applicable to a failure to assign and deliver a policy shall apply. O.347-G. (1) If the policy lapses or becomes assigned, otherwise that to the University under Ordinance 347-C charged or encumbered, the provisions of clause (3) of Ordinance 347-C applicable to a failure to assign and deliver a policy shall, apply. (2) If the Registrar receives notice: (a) an assignment (other than an assignment to the University under Ordinance 347-C) or (b) a charge or encumbrance on or (c) an order of a court restraining dealings with the policy or any amount realized thereon, the Registrar shall note: (i) assign or re-assign or make over the policy as provided in Ordinance 347-E, or (ii) the amount assured by the policy or dispose of any part of any amount so or make over the policy as provided in Ordinance 347-F but shall forthwith refer the matter to the syndicate. Payment of Gratuity to Employees Rules General:
Applicability: 3. These Rules are intended to provide extra retirement benefit which is in the form of exgratia payment to the employees of the University. They shall apply to : (i) All employees joining service in the University on or after the date of coming into force of these rules. (ii) All employees who are in the service of the University on 1-4-1969 and opt for the gratuity scheme under these rules in the manner detailed in Rule 4 below. Exception Employees holding (a) an appointment under contract, unless the terms of contract provide otherwise, or (b) an appointment for a fixed term, or (c) an appointment on fixed pay or (d) an appointment on re-employment on superannuation (including extensions, if any) either from the, or (e) employees on work-charge basis, shall not be covered by these rules. Option :
4. (i) Employees in service on 1-4-69 shall have the right (a) to opt for this scheme or (b) to continue the existing, CPF scheme of the University. Option shall be exercised and communicated to the Registrar in writing within 3 months from the date of notification of these rules, and option, once exercised shall be final and irrevocable, and in case no option is received by the date specified for the purpose, it shall be deemed that the employee has opted for the gratuity scheme under these rules. Exception I (i) In case of an employee who is absent from duty on the date of the notification of these rules, on account of being on deputation or study leave either in India or abroad, the Registrar shall communicate the provisions of these rules and the employee shall be asked to exercise his/her option in the manner and within the period specified above. (ii) In the case of an employee who was in the service of the University on the date of coming into force of these rules and died whilst still in service on the same date or on a subsequent date before having opportunity of exercising the option under clause (i) above, the person or persons validly nominated under Statute 41 for receiving the amount standing to the credit of the employee's Provident Fund, can make specific request to the Vice-Chancellor to permit the nominee or nominees jointly, to opt for the gratuity scheme, and the Vice- Chancellor shall have the discretion to accede to the request of the said nominee or nominees of the deceased provided that any ex-gratia payment already made or agreed to be made on monthly basis to the nominees of the deceased shall reckon towards the amount of death gratuity admissible to him/her under rule 10. Gratuity Fund: 5. (i) In the case of all employees of the University to whom these rules are applicable, the University's share of contribution to the Provident Fund will be reduced by 1/3 % from the date of commencement of University contribution to the P.F. in each case which shall be transferred to the Gratuity Fund. (ii) Every temporary employee of the University who under Statute 41 is not eligible to receive the University's share of contribution to the Provident Fund shall subscribe @ 1/3 % of his/her substantive pay every month to the Gratuity Fund. In the event of such an employee leaving the service of the University due to any reason whatsoever, except when the employee is dismissed from the service in the University before he/she becomes eligible for payment of gratuity in terms of rules 6 and 9, the total amount so subscribed by the temporary employee to the Gratuity Fund shall be refunded to him. (iii) On the date of coming into force of these rules the organization shall constitute a Gratuity Fund by : (a) Diverting from the Provident Fund accounts of all existing employees who opt for the Gratuity scheme, the amount of excess credit at 1/3 % as University's share of contribution to the Provident Fund from the date on which such contributions by the University started in each case.
(b) Paying into the Fund every month an amount equal to the 1/3 % less credited to the employee's Provident Fund as University's share of contribution in terms of clause (i) plus the amount of subscription for Gratuity Fund @ 1/3 % realized from the temporary employees in terms of clause (ii) above. Conditions of Payment: 1. Gratuity shall be payable at the discretion of the Vice Chancellor to an employee on his rendering satisfactory service to the University till the date he attains the age of superannuation or the date of retirement after extension, or his death while in service, or on termination of service otherwise than on dismissal; Provided that the amount of gratuity payable to an employee under these rules shall be reduced by an amount equal to the value of any loss or damage to University property including money caused on account of negligence or criminal offence, or on account of contributory negligence resulting in any loss of University property or money. Provided further that payment of gratuity to an employee who is in occupation of University accommodation shall be made to him or, in case of his death, to his nominee only after the University accommodation in his occupation is vacated. N.B. :– An employee to whom extension in service has been granted after attaining the age of superannuation will not be paid less in terms of gratuity than what he would have been entitled to get had he retired on attaining the age of superannuation, irrespective of the manner he leaves the service. Nominations: 7. (i) Every employee eligible for the benefits of the gratuity scheme of the University, shall be required to sign a Nomination Form (in triplicate) as prescribed by the University (Appendix-I) and send the same through the concerned Head of the Department/office, for registration in the office of the Registrar. (ii) The employee may, from time to time, add, change or cancel one or more nominees by written application addressed to the Registrar through the concerned Head of the department/Office. (iii) In case of an employee who died while in service and failed to nominate any person to receive the amount of gratuity payable under these rules, or in case the nominee also dies before payment of the gratuity amount to him/her, the payment of gratuity may be authorised, at the discretion of the Vice-Chancellor to a person or persons who produces/produce a certificate of succession from a competent court and executes/execute an indemnity bond to refund the amount of gratuity so paid to him/her/them by the University in the event of his/her/their title to succession being found defective. 132 PROVIDENT FUND AND GRATUITY CH. XLV Gratuity to a permanent employee:
8. (i) The amount of gratuity payable in the case of permanent employees of the University who leave University service on superannuation or on retirement after extension in service or on termination after 1-9-97 shall be calculated at the rate of one fourth of the ‘emoluments’ of a University employee for each completed six monthly period of qualifying service subject to a maximum of 16½ times the ‘emoluments’ or Rs. 3.5 lacs whichever is less. With other terms and conditions remaining of the scheme as annotation in Notification No. F.15(3)/FA (Rules) 97 dated March 21, 1998 of the finance department, Government of Rajasthan (ii) For calculating the completed six monthly period of continuous service the period or periods spent by the employees on leave without pay or period/periods spent on deputation for which no P.F. contribution has been received from the foreign employer or from the employees in lieu of the foreign employer shall be excluded. Gratuity to a temporary employee: Gratuity to a temporary employee : 9. A person in temporary employment who ceases to be in the University service on account of superannuation or retirement after extension in service or termination after completing not less than 5years continuous service shall be, if otherwise eligible for payment of gratuity under these rules paid gratuity at the rate of 1/3 of a month's emoluments for each completed year of continuous service. Death Gratuity : 10. In the event of death of a University employee in service the amount of death gratuity payable to the nominees/family members (wife, children etc.) of the deceased employee will be as under: ( i) 5 years or more but : 12 times of emoluments less than 20 years. (ii) 20 years or more : Half of emoluments for every completed six monthly period of qualifying service subject to a maximum of 33 times emoluments or Rs. 2.5 lacs whichever is less. Gratuity on resigning from service:
11. No gratuity shall be payable to an employee with less than 5 years, continuous service in the University in the event of his/her resigning from the service of the University. Such an employee with 5 years or more of continuous service may be paid gratuity at the following rate:– CH. XLV PROVIDENT FUND AND GRATUITY 133 (a) Continuous service of 5 years 25 % of the normal or more but less than 7 years Service gratuity. (b) Continuous service of 7 years ’’ 30 % ’’ or more but less than 9 years ’’ (c) Continuous service of 9 years ’’ 35% ’’ or more but less than 11 years ’’ ’’ (d) Continuous service of 11 years ’’ 40% ’’ or more but less than 13 years (e) Continuous service of 13 years ’’ 45% ’’ or more but less than 15 years (f) Continuous service of 15 years ’’ 50% ’’ or more but less than 16 years (g) Continuous service of 16 years ’’ 55% ’’ or more but less than 17 years (h) Continuous service of 17 years ’’ 60% ’’ or more but less than 18 years (i) Continuous service of 18 years ’’ 65% ’’ or more but less than 19 years (j) Continuous service of 19 years ’’ 70% ’’ or more but less than 20 years (k) Continuous service of 20 years ’’ 75% ’’ or more but less than 21 years (1) Continuous service of 21 years ’’ 80% ’’ or more but less than 22 years (m) Continuous service of 22 years ’’ 85% ’’ or more but less than 23 years (n) Continuous service of 23 years ’’ 90% ’’ or more but less than 24 years (o) Continuous service of 24 years ’’ 95% ’’or more but less than 25 years (p) 25 years and above ’’ 100% ’’ Notes:– 1. The word ‘emoluments’ where ever it occurs means emoluments which an employee was receiving immediately before the date of his release from University service on superannuation or retirement after extension in service or termination or death and includes : (a) pay, (b) personal pay which is granted in lieu of loss of substantive pay, (c) special pay attached to a post, and
134 PROVIDENT FUND AND GRATUITY (d) Dearness pay, if any. 2. If an employee holding a permanent post in a substantive capacity officiates in a higher post (other than tenure post) borne on a cadre which includes permanent post, continuously for not less than 3 years, and leaves the University service on account of superannuation or retirement after extension in service or termination while officiating on such a higher post the emoluments drawn by the employee on the officiating post shall be taken into account for calculating his/her gratuity provided that no other employee held lien on the higher officiating post and it is certified that but for his/her retirement on superannuation after extension in service or termination of services the employee would have continued to officiate on the higher post. 3. If immediately before release from University service on superannuation or retirement after extension in service or termination, an employee has been absent from duty on leave with allowances, his/her emoluments for purpose of gratuity shall be taken what they would have been had he/she not been absent from duty. Power of Relaxation : 12. In case provisions of these rules cause undue hardship to an employee the Syndicate may on merits of each case relax the provisions of these rules by issue of specific orders. Power of Interpretation : 13. The power of interpreting these rules shall vest in the Syndicate and the decision of the Syndicate shall be final. 14. These rules supersede the rules previously adopted by the Syndicate under Res. No.4, dated 6.3.1969. APPENDIX I NOMINATION FORM (To be submitted in triplicate) To: The Registrar, University of Rajasthan, Jaipur. Dear Sir, I, Shri/Smt/Km .......................................................... .son/wife/daughter
of Shri ..........................................hereby nominate person/s mentioned below and confer on him/them the right to receive, to the extent specified below any CH. XLV PROVIDENT FUND AND GRATUITY 135 gratuity that may be sanctioned by the University in the event of my death while in service: S. No Age Address of the nominee/(s) Relationship with the employee The amount of share of Remarks gratuity payable to each 1. 2. 3. 4. Total 9 (This must be I) This nomination supersedes the nomination made by me earlier on ....................... which stands cancelled. N.B.:– The member of the staff shall draw lines across the blank space before the lines entered to prevent insertion of any nomination after he has signed. Signature of the employee
Full Name: (Block letters) Designation : Station: Date: Two Witnesses. 1. 2. ——— 136 PROVIDENT FUND AND GRATUITY CH. XLV A defined contribution provident fund is similar to a defined contribution pension fund/gratuity fund in that the contributions of employee and employer make to the fund are set down, or defined, in employee’s employment contract, and by the rules of the fund. On the other hand, a defined contribution provident fund differs from a defined benefit pension fund/gratuity fund in that the size of the benefit paid to employee, when employee retire is not guaranteed. Employer guarantees to make a contribution to employee’s provident fund, but does not guarantee employee’s pension/gratuity. If the investments made with employee’s retirement/gratuity fund savings perform poorly, you carry this loss. If they perform well, you pick up the benefit. The big difference between a provident fund and a pension/gratuity fund lies in the taxation. Employee cannot deduct his contributions against tax every year, but employee can take his entire retirement savings as a lump sum when he retire. Employee’s contributions to the fund are also not taxed at retirement, but contributions made by your employer to the provident fund will be taxed. How much does it cost? The contributions to the fund, both by employer and employee, are fixed when employee join the fund, or when employee start employment. The contributions of both employee and employer are calculated as a percentage of your pension able salary, which normally excludes allowances, such as those for motor vehicles and allowances. While the percentage is constant, the size of contributions increases as your basic salary increases. With a provident fund employer will normally, but not always, make the entire contribution. This is because employer, not employee, can claim the contributions as a tax deduction, but this means the portion of the amount employee receive at retirement that came from employer
is taxable. How pension/gratuity is calculated: A record is kept of exactly how much you and your employer have paid into the fund, as well as the capital and income growth of the investment from the contributions. When you retire you can take the entire benefit in cash.
At retirement, your tax-free portion is calculated in the same way as for a defined
contribution pension/gratuity fund. Further tax may be levied on any income generated from your investment, depending on how the income was generated, and your employer's contributions. Unlike a defined benefit scheme, you cannot predict what your pension will be, as you cannot predict how much capital you will have when you retire. Because you have to take the investment risk, you are normally given at least two investment choices. The usual ones are: Guaranteed: Here your capital is guaranteed, as well as some growth. You get additional growth by way of annual bonuses, which are based on the market performance of the underlying investments. Bonuses come in two forms: vesting (which cannot be taken away once given); and non-vesting (which can be taken away if the life assurance company giving the guarantees has an extremely bad time in investing); Market-linked: Here your retirement fund savings are worth exactly the same as the underlying investments. If the value of the underlying investments goes up by 40 percent, so will your retirement savings. But if there is a market crash, your retirement savings will diminish in value. Market-linked investments also come with choices. The main market-linked option is one where you have no say in the investments. The fund trustees hand over the money to an asset manager with instructions about how they would like to see the money invested. However, members are increasingly being offered "umbrella" investments, which give you the choice as to what particular instruments to invest in (mainly unit trust funds). This, however, pushes up costs and exposes you to the risk of making the wrong decisions. Unless you have the time and expertise, this is an option best avoided.
Length Your Plus Plus Pre-tax
of total employer's income and total:
service: 30 contributions: R200 contributions: R200 capital growth: R600 R1 000
years 000 000 000 000
If you have been in a market-linked fund, it is normally best to switch to a guaranteed fund if markets are high and you are nearing retirement. When you retire you if you do not want to take the lump sum and want to receive a monthly pension, you can buy a voluntary annuity. This can be structured in a number of ways, including in such a way as to give you an increase each year to take account of inflation, or in a way that will ensure that the pension is paid to your spouse after you die. However, a guaranteed annuity in which you are guaranteed a pension for life, can also have a downside. This is because these annuities are based on interest rates. If long-term interest rates are high, you will receive a better pension; but if interest rates are low, then your pension will also be lower. In making the decision on where to buy an annuity, and in cases where a pension is bought for you individually from a life assurance company, you should ask your fund to provide quotations from various firms.
Advantages of defined contribution provident funds:
You may get a higher pension than you would have received from a defined benefit retirement fund as a result of good investment performance; At retirement you can invest the entire lump sum benefit as you see fit, giving you greater choices. You can buy an annuity of your choice and from any company you like, set up a post-retirement business and invest in a wider range of investments. In other words, you can control your investments yourself; If you live in a remote area with little infrastructure or where it is difficult to receive pension payments, a lump sum can be preferable; and As with a defined contribution pension fund, you have a greater say in the investments of contributions during your working life. However, here again, you need to be cautious about how you decide on the option most suitable for you. Disadvantages of defined contribution provident funds The risk of having insufficient money to see you through retirement is yours. This risk is greatest with a provident fund. Not only do you have the risk in the build-up of the fund, where investment returns will determine what you will receive at retirement, but you also need to make your money last you through retirement. If it is poorly invested, you may find yourself destitute, particularly if you live for a long time. It is impossible for you to know how long your natural life will be, making it very difficult to decide how much money you will need for the rest of your life. Therefore, it is best to use at least part of the money to purchase a pension, so that you are at least assured of a certain income until you die;
Employee contributions are not tax deductible; Employee’s family may not receive much if you die young, or if you have to take early retirement because of ill-health, particularly when you are younger. The reason for this is that you or your family will receive a pension based on your accumulated retirement savings at that point. However, group life and disability benefits are normally better than for a defined benefit scheme. You need to take into account the structure of group life benefits. If there is a shortfall, particularly when you are younger, you may need to buy additional personal disability and life assurance for a limited period; and Aids could have a significant impact if your employer is forced to increase payments for group life cover and reduce payments towards your retirement funding. Figure: Resource flow of the Provident Fund: Regardless of the manner in which Provident funds are contributed, the funds must be managed until needed to pay benefits. Provident portfolios are evenly invested in common stock, corporate bonds, stock and other credit instruments. Provident fund management can be classified according to the strategy used to manage the portfolio. With a matched funding strategy, investment decisions are made with the objective of generating cash flows that match planned outflow payments. An alternative strategy is projective funding, which offers managers more flexibility in constructing a Provident portfolio that can benefit from expected market and interest rate movements. Some Provident funds segment their portfolios with part used for matched funding and the rest for projective funding (Madura, 2006).
Provident Fund Accounting: The Provident fund should be a separate legal and accounting entity for which a set of books is maintained and financial statements are prepared. Provident accounting may be divided and separately treated as accounting for employer and accounting for Provident fund. Maintaining books and records and preparing financial statements for the fund known as “Accounting for employees benefit plans or Accounting for the Provident fund.” (Kieso, Weygandt & Warfield,) Provident Fund Audit: Provident fund audit is a special kind of audit conducted with a view to expressing an opinion whether an organization’s information relating to the fairness of Provident funds. In conducting this audit, some piece of information are gathered in respect of trust
deed, agreement, actuary, list of eligible employee, fund, amount of Provident able salary, Provident able service, approval, dependent child and so on. Moreover, loans and advances given from the fund, the outstanding loan amount,
the loan loss provision, the interest on investment, the loan status etc. are also collected from the corporate office of the respective company. This is the responsibility of the trustees to prepare the financial statements of Provident fund and the auditor’s responsibility is to express an independent opinion on these financial statements based on their audit.
Puls Trading Far East Ltd. Bangladesh Liaison Office House # CWN(A) 35, Road# 43
Board Resolution of PF 2nd Meeting
A meeting was held in the conference room of Regent Global Sourcing inc., Bangladesh Liaison Office on …………………………………. 2010 at …………am. Mr. Manish Chawla, Chief Representative, presided over the meeting in presents of following officials:
1. Mr. Manish Chawla Chief Representative, Member and the Chairman of the Trustee 2. Ms. Mir Mehtap 3. Mr. Ziaur Rahman 4. Mr. Basirun Nabi 5. Mr. Raisul Hassan Member & Secretary of the Trustee Member of the Trustee Member of the Trustee Member of the Trustee
6. Mr. Alexander Member of the Trustee Gomes 7. Mr. Moinul Kabir Member of the Trustee
8. Munni Gulshan Ara Member of the Trustee 9. Frank Gonsalves 1 Francis 0. Gomes Blin Member of the Trustee Liton Member of the Trustee
In addition to the above the other official of Puls Trading Far East Limited, Bangladesh Liaison Office was present.
AGENDA(S): The meeting was conveyed mainly to discuss to establish a Puls Trading Far East Limited, Bangladesh Liaison Office Employees’ Provident Fund:
Review the Draft PF rules formulated for In addition to the above the other official of Puls Trading Far East Limited, Bangladesh Liaison Office was present. 1. Employees PF Fund. 2. Opening a Bank Account 3. NBR permission.
AGENDA 1. A. Review the draft deed formulated for Puls Trading Far East Limited, Bangladesh Liaison Office Employees’ Provident Fund.
DECISIONS A decision was unanimously taken by the board to revise PF rules with relevant changes as follows: COMPANY’S CONTRIBUTION The contribution by the company up to 31 December 2009 are as below:
Year of service % of since 1992 Company’s contribution Less than years 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10 years longer 2 Nil 20% 30% 40% 50% 60% 70% 80% 90% or 100%
DECISIONS Every member of the fund and the company shall contribute to the fund at the rate of 10% (ten) of his gross salary (ignoring fractions of a Taka) from the first day of January of the year two thousand and ten. The contribution of employees shall be deducted by the company from each payment of salary made to him and shall be paid by the company to the trustees and credited to the individual account of the member.
2. Opening Account
PF The board unanimously makes a decision to open a PF Savings Account in HSBC Bank, Dhaka, Bangladesh. The board unanimously agreed to double check all the documents with a lawyer to verify all document's authenticity in respect of legal aspect. Subsequently agreed to go for NBR permission.
3. NBR permission.
In reply to the proposal made by the chairman, the board Outsourced Account unanimously agreed to appoint professional and ACNABIN, Chartered member secretary Accountants as a outsourced position. Account professional and Ms. Mehtap Mir as Member Secretary for Puls Trading Far East Limited, Bangladesh Liaison Office Employees’ Provident Fund.
As there were no more issues to discuss, chairman ended the meeting with the vote of thanks.
Manish Chawla Chairman
Puls Trading Far East Ltd. Bangladesh Liaison Office House # CWN(A) 35, Road# 43 Gulshan-2, Dhaka-1212
We the Trustees of the above named fund do hereby declare that what is stated in the application is true the best of our information and belief and that the documents sent herewith are the originals or true copies thereof:
Position of the Signature Trustee Member
Mr. Manish Chief Chairman Chawla, Representati ve Ms. Mehtap Mir Member Secretary Member Member Member &
2. 3. 4. 5.
Mr. Ziaur Rahman Mr. Nabi Basirun
Mr. Raisul Hassan
6. 7. 8. 9. 10.
Mr. Alexander Gomes Mr. Kabir Moinul
Member Member Member Member Member
Munni Gulshan Ara Frank Blin Gonsalves Francis Gomes Liton
For recognition of Employees’ Provident Fund
Criteria of recognition of Employees’ Provident Fund:
Original copy of the application ‘Form’ of the Provident Fund along with a photocopy thereof; Original copy of Trust Deed and Rules of the Employees’ Provident Fund duly attached by the Notary Public along with a set of photocopy of each thereof; and Audited accounts of the Fund.
Application for Approval of Puls Trading Far East Ltd. Employees’ Provident Fund (a) Name and address of : employer, his business, profession, etc. also his principal place of business. Puls Trading Far East Ltd. House No. CWN (A) 35, Road No. 43, Gulshan-2, Dhaka-1212, Bangladesh
(b) Number of employees subscribing to the Fundi) In Bangladesh : : 214 Nil
ii) Outside Bangladesh
(c) Place, where the accounts of : the Fund are or will be maintained
Puls Trading Far East Ltd. House No. CWN (A) 35, Road No. 43, Gulshan-2, Dhaka-1212, Bangladesh
(d) If the Fund is already in : existence-
(i) a copy of the last balance sheet of the fund; and (ii) details of investments of the fund
Signature of Employer ------------------------------------------------------------------------------------------------------------
I/We, the trustee(s) of the above named Fund, do hereby declare that what is stated in the application is true to the best of my/our information and belief, and that the documents sent herewith are the originals or true copies thereof.
Signature of the Trustees
1. 2. 3. 4. 5. 6.
Mr. Manish Chawla Ms. Mir Mehtap Mr. Ziaur Rahman Mr. Basirun Nabi Mr. Raisul Hassan Mr. Gomes Alexander
7. 8. 9.
Mr. Moinul Kabir Munni Gulshan Ara Frank Gonsalves Blin
PULS TRADING FAR EAST LTD. EMPLOYEES’ PROVIDENT FUND TRUST DEED
THIS INDENTURE IS MADE BETWEEN PULS TRADING FAR EAST LTD. having its registered office at .................................................., Dhaka, Bangladesh (hereinafter called “the company”) represented by its Country Manager on the ONE PART.
1. 2. 3. 4. 5. 6. 7. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Managing Director, Member and the Chairman of the Trustee ........................., Member of the Trustee ........................., Member of the Trustee ........................., Member of the Trustee ........................., Member of the Trustee ........................., Member & Secretary of the Fund & Trustee Office Peon, Member of the Trustee
(hereinafter jointly and severally called “the Trustees”) of the OTHER PART.
WHEREAS it has an imperative necessity and the company has determined to constitute a provident fund in the name of PULS TRADING FAR EAST LTD. Employees Provident Fund for the benefits of the employees employed in the company, all of whom are employees of PULS TRADING FAR EAST LTD.. AND WHEREAS the trustees have consented to act as trustees of the fund.
NOW THIS INDENTURE WITHNESSETH and is hereby agreed and declared that a PROVIDENT FUND entitled as "PULS TRADING FAR EAST LTD. EMPLOYEES’ PROVIDENT FUND” (hereinafter referred to as “the Fund”) is hereby established and constituted from first day of January of two thousand six Christian era in terms of the rules hereinafter provided.
IN WITNESSES WHEREOF, the Company and the Trustees have thereto set their hands the day and year first written above.
Signature in presence of Trustee(s)
Mr. ................... .............................. Puls Trading Far East Ltd.
Mr. ...................... Managing Director, Member and the Chairman of the Trustee
Mr. ....................... ........................., Member of the Trustee
Mr. ...................... ........................., Member of the Trustee
Mr. ....................... ........................., Member of the Trustee
........................., Member of the Trustee
Mr. ....................... ........................., Member & Secretary of the Fund & Trustee
Mr. ....................... Office Peon, Member of the Trustee
RULES OF THE PULS TRADING FAR EAST LTD. EMPLOYEES’ PROVIDENT FUND
The Fund shall be called “THE PULS TRADING FAR EAST LTD. EMPLOYEES’ PROVIDENT FUND” or such other name as may from time to time be determined with the previous approval of the Commissioner of Income Tax, Dhaka.
In these Rules and Regulations, the following expressions shall unless excluded by or repugnant to the context, have the meanings hereinafter attached to them, namely: -
“The Fund” means “THE PULS TRADING FAR EAST LTD. EMPLOYEES’ PROVIDENT FUND”.
“The Company” means PULS TRADING FAR EAST incorporated under the Companies Act, 1994.
“The Trustees” mean the Trustees, for the time being, of the fund.
“Directors” mean the Directors of the company, for the time being.
“Employee” means any employee in permanent service of the company.
“Member” means any person in the service of the company who subscribes to the fund.
“Continuous Service” means uninterrupted service in the employment of the company but includes services which is interrupted by sickness, accident or otherwise leave shall be considered to be covered under this clause.
“Salary or Wages” means only the fixed basic monthly salary or wages paid to each employee by the company and does not embrace anything taxable under the head “Salaries” in accordance with the Income Tax Ordinance, 1984 or overtime, bonus, donation, or any personal or special allowance or car allowance, entertainment allowance, commission or any other remuneration or profit or any temporary or fluctuating addition to basic salary or wages whatsoever paid to any employee outside his fixed monthly salary or wages whether it is in addition to or in lieu of his salary. The decision of the company as to the amount of salary or wages received by members in respect of any month shall be final and binding to all the parties.
In case of male member, the wife or wives and legitimate children, step children, parents, sisters and minor brothers of the member and the widow or widows, and the legitimate children and step children of a deceased son of the member. Provided that if a member proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance she shall henceforth be deemed to be no longer a member of the member’s family, in the matter to which these rules relate, unless the member subsequently indicates by express notification in writing to the trustees that she shall continue to be so regarded.
In case of a female member, the husband and legitimate children, step children, parents, sisters and minor brothers of the member, and the widower and legitimate children of a deceased son of the member. Provided that if a member by notification in writing to the trustees expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the member’s family, in matters to which these rules relate, unless the member subsequently cancels formally in writing her notification excluding him. “Financial Year” means period beginning on the first day of January and ending on the last day of December of the same year.
j) “Month” means a period commencing on the first day of the calendar month
and ending on the last day of the same calendar month.
k) “The Ordinance” means the Income Tax Ordinance, 1984 and the rules
thereof and includes any statutory modifications of re-enactment thereof.
l) “Rules” means these rules or other rules for the time being in force with
respect to the fund. Words importing the masculine gender shall include the feminine gender. Words of the plural number shall, unless a contrary intention appears, taken to include the singulars and vice versa.
DATE OF COMMENCEMENT OF THE FUND
The fund, which is hereby established, shall be deemed to have been established and taken effect on and from the first day of January of the year two thousand and six.
The object of the fund shall be to provide every member with a sum of money, the amount of which will be ascertained and payable in accordance with these rules.
TRUSTEES APPOINTMENT AND POWERS
The company may from time to time appoint the trustees. The fund shall be vested in not less than two and not more than eight trustees, including a trustee to be taken from amongst the employees who are not officers of the company having regard to their wishes, under a trust which shall not be revocable save with the consent of the majority of the beneficiaries. The trustees shall have entire control over the management of the fund and shall be vested with all powers, authorities and discretion necessary or expedient for that purpose in addition to any express powers conferred by these rules. The trustees may authorize any two of their members to open a Banking Account on behalf of the fund with any Bank and to operate upon such Banking Account as may be required for administration of the fund. The trustees may also from time to time revoke such authority or substitute fresh authority. The company shall have the power of appointment and removal of trustees and subject to rule 5(i) above may also appoint any person to act as trustees in the place of any trustee who is temporarily absent from Dhaka but in case of such a temporary appointment, it shall not be necessary to carry out any transfer of the trust property. A trustee shall cease to hold the office of the trustee upon ceasing to be an officer or an employee of the company or if he is found to be of unsound mind or is adjudged insolvent or convicted of an offence as the case may be. A trustee can be removed from his office for any misconduct in respect of the management of the fund. Any vacancy amongst the trustee shall be filled in as soon as possible by the trustees in accordance with 5 (i) above.
CHAIRMAN OF TRUSTEES
The Managing Director of the company as per rank and position amongst the trustees shall be the chairman of the Board of Trustees, who shall preside over their meetings and in his absence, one of the trustees present shall be elected by them to the chair. The trustees shall meet as and when required and at every meeting 4(four) trustee shall form a quorum for the transaction of the business. Each trustee shall have one vote. The decision of the majority shall prevail in any question arising at a meeting of the trustees. In case of equality of votes the chairman shall have a second or a casting vote. Resolution of the trustees may be passed by circular signed by not less than 2(two) trustees and all resolutions so passed shall have the same effect as if passed at the meeting. At least 7(seven) days clear notice of a meeting shall be given unless all the trustees agree a shorter notice.
SECRETARY OF THE FUND
The trustees shall appoint one from amongst them preferably with knowledge of accounts to be the secretary who may receive all notice, documents and other correspondences that may be given to the trustees fro time to time. He may sign all correspondences on behalf of the fund and exercise such powers and the trustees may confer authorities as on him by the trustees.
LIABILITIES OF TRUSTEES
In addition to and not way of substitution for all indemnities conferred on trustees at law and by statute, no trustee shall be liable for the acts, receipts, neglects or defaults of any other trustee or for joining in any receipt or other act for conformity or for any loss expense happening to the fund through the insufficiency or deficiency of title to any property acquired for or on behalf of the fund, or for the insufficiency or deficiency of any security in or upon which any of the money of the fund shall be invested or for any loss or damage arising from the insolvency or tortuous act of any person with whom any money, security or effect shall be deposited or for any loss occasioned by any error of judgment on his part or for any other loss, damage or misfortune whatever which shall happen in relation to the execution of his duties as trustee or in relation thereto, unless the same shall happen through his own fault.
POWER TO ALTER RULES
The trustees shall have power to add, vary, alter or annul any of the provisions of the rules but so as the main purpose of the fund shall not thereby be affected. Any loss to the fund from any cause whatsoever not being on account of default of the trustees and all the expenses of management and all other costs, charges and expenses to which the trustees shall be put in connection with the fund for any reason whatever shall be borne by and be a charge on the fund and shall be paid there out as the trustees may determine. No member or any representative of a member shall have any claim upon the company in respect thereof.
Every employee of the company may, subject to the approval of the trustees of the fund, become a member and shall sign an agreement in the form annexed to these rules as schedule “A”. An employee being admitted as a member shall continue to be a member until termination of his service. If any question arises, as to whether an employee is or is not entitled to become a member of the fund shall be referred to the trustees whose decision shall be conclusive and binding upon all concerned.
ACCOUNTS OF THE FUND
Every member shall once yearly after the 31st December of each year be given a statement of accounts showing the amounts standing to his credit in the fund. The accounts of the fund shall be made up to the 31st December in each year audited by the auditors of the company. A separate account shall be kept with respect to each member in accordance with rule made under the ordinance in this behalf.
CONTRIBUTIONS OF MEMBERS
Every member shall contribute to the fund at the rate of 10% (ten) of his basic salary (ignoring fractions of a Taka) which shall be deducted by the company from each payment of salary made to him and shall be paid by the company to the trustees and credited to the individual account of the member.
On making each such deduction and payment the company shall pay an equal amount to the trustees as the company’s contribution, which will be credited to the individual member’s account to be dealt with as in these rules provided.
The trustees shall on 31st December in each year prepare an account of the total interest received and accrued due on the invested amounts to the fund during the year ended on the above date and after deducting there from any expenses of the management shall place the balance to Member’s Accounts in proportion to their credit balance. This distribution of interest may take the form of a given rate percent interest to the nearest quarter percent, any small balance of undistributed interest being carried forward.
(b) Interest on savings certificates shall be calculated at such compound rate of interest as would on the maturity of the certificates yield the same amount of interest as is provided in the respective certificate rates. (c) The Trustees shall determine what rate of interest shall be allowed from the end of the preceding year on sums payable to a member on his leaving service or to his nominee or legal representative on his death in the service.
ENTITLEMENT TO MEMBER’S CONTRIBUTION
Every member shall on the termination of his service for whatever cause, be entitled to receive his own contribution and interest thereon to the date of termination of his service. But except as provided by these rules no member shall be entitled to receive any share of the company’s contribution to the fund or interest thereon until he shall have served the company for a continuous period of two years.
ENTITLEMENT TO COMPANY’S CONTRIBUTION
17. Upon cessation of employment other than by way of misconduct a member shall be entitled to receive from the fund together with interest thereon: a) Full contribution of the company in case of resignation after 2 years of service. b) Full contribution of the company in all other cases other than by way of dismissal for misconduct. Provided that the trustees may at their discretion pay to any member the whole of the company’s contribution and interest thereon notwithstanding that he shall not have completed any period of service specified above.
PAYMENT UPON DEATH WHILE IN SERVICE
18. In the event of the death of a member while in the service of the company the trustees shall hold the amount then credited or due to be credited to his account including his share of the company’s contribution and interest thereupon trust for such person as shall have been nominated or appointed by such member in accordance with rules hereinafter contained.
PAYMENT IN CASE OF MISCONDUCT
19. If any member shall be dismissed from service for misconduct he shall forfeit all his rights to the contribution of the company to his separate account and all interest accrued thereon provided that the trustees may in their absolute discretion allow any member to receive payment of the whole or any part of any money to which his right has been forfeited under these rules.
SERVICE WHEN AS TO BE DEEMED TERMINATED
20. A member’s service shall not be deemed to be terminated for the purpose of these rules by absence from work without salary with the permission of the company. The company may nevertheless in its absolute discretion terminate the services of any member for the purposes of these rules whether during or at the expiry of any period of work or at any time during any absence with or without permission from work and the statement of the company to the trustees as to the fact and date of termination of any members services for the purpose of these rules shall be conclusive. The company may, however, in its absolute discretion cancel any notice of a member’s service having been terminated for the purpose of these rules at any time before the amount or any part of the amount due to such member from the fund has been paid to him, and on such cancellation being communicated to the trustees the member’s services shall be deemed to have continued without interruption.
COMPANY’S PARAMOUNT LINE
21. i. The company shall have power to recover from the trustees any money claims which the company may have against any member out of the amount credited to his account in respect of the contribution of the company and interest thereon to the extent and in the manner permissible by the ordinance.
ii.Before making any payment of the company’s contribution and interest thereon to any member or his nominee, legal representative or dependents the trustees shall inquire from the company what amount, if any, should be deducted there from in respect of income tax payable under the provisions of the ordinance, and the trustees shall deduct for income tax such amount, if any, as the company shall direct and pay the same to the proper authority, and should the trustees fail to
deduct and pay any such amount, the company shall be entitled to recover from the fund the amount which should have been so deducted and pay the same to the proper authority.
22. Every member shall, on being admitted as a contributor to the fund, nominate or appoint a person as the object of such trust on the terms that such person shall become the object of such trust only in the event of his surviving the member as per schedule “B” hereof.
APPOINTMENT OF PERSON TO RECEIVE IN CASE OF MINOR
23. If the person thus nominated is, at the time of nomination, a minor or under disability to give a legal receipt or discharge to the trustees, the member shall at the time of such nomination as aforesaid appoint another person of full age who is capable of giving a legal receipt and discharge and to whom the amount standing to the credit of the member is to be paid for and on behalf of the person so nominated as aforesaid so long as he shall be a minor or under disability to give a legal receipt or discharge and the receipt of the said person of full age shall during the minority or the disability of the person so nominated as aforesaid be a good discharge to the trustees.
PROCEDURE ON DEATH OF NOMINEE OR RECEIVE OR REVOCATION OF NOMINATION
24. In the event of the death during the life of the member of any person who shall have been nominated as the object of such trust or appointed to receive on behalf of a nominee under the foregoing rules or in the event of such nomination or appointment being revoked the member shall forthwith nominate or appoint another person in place of the nominee or appointee so expired or whose nomination or appointment shall have been revoked.
FORM OF NOMINATION AND APPOINTMENT
25. Every nomination or appointment made under the foregoing rules shall be in writing signed by the member making it, whose signature must be attested by two witnesses, and shall be according to schedule “B” hereof and shall remain in full force and effect until the death of the nominee or appointee or until the same shall be revoked in writing by the member by whom the same was made and a fresh nomination or appointment be in the manner aforesaid.
LAPSE IN DEFAULT OF NOMINATION
26. In the event of any member failing to appoint a nominee (and if necessary a person to receive on behalf of the nominee), the amount to the credit or due to the credit of such member shall at his death lapse absolutely to the fund, provided that it shall be in the discretion of the trustees to grant the whole or any part of such amount to the legal representatives of such deceased member or to any relative or dependent of such deceased member whose circumstances appear to the trustees to warrant the concession.
TIME OF PAYMENT
27. The accumulated balance due to a member shall ordinarily be payable on the day he ceases to be a member, but in the event of death or abrupt termination of service, it shall be payable after one month. Payment will be made upon claim by the person entitled to payment and shall include interest up to the date on which the amount is due to be paid and not further, if payment be not claimed within three years from such date the amount to the credit of the member shall lapse absolutely to the fund.
ASSIGNMENT OF INTEREST PROHIBITED
28. No assignment, mortgage of other disposition of money standing to member’ credit shall be recognized.
29. All money standing to the credit of any member in the books of the fund shall be held by the trustees upon the express condition that if any prohibitory order,
attachment or process of civil or criminal court shall be served upon the trustees or any of them with the object that such money shall be attached or be ordered to be paid into a civil or criminal court or be ordered to be withheld from such member, such money shall forthwith be forfeited to the use of the fund and dealt with accordingly.
LAPSE AND FORFEITURE
30. All lapses and forfeitures occurring at any time, all profits earned at any time on the sale of investments and all balance in the fund remaining unclaimed after three years, shall be transferred to a separate account to be called “The Lapse and Forfeiture Account” and shall be used and applied by the trustees primarily for meeting the necessary expenses of the fund and a reserve against any loss to the fund on the sale or in consequence of any depreciation of investment and secondly for the benefit of members and/or retired members and/or dependents of deceased members and/or any such persons collectively and/or for such purposes connected with the Fund in such manner as the trustees shall in their absolute discretion think fit.
INVESTMENTS OF FUND
31. All money (including the net income of the fund for the time being available for distribution) from time to time in the hands of the trustees upon the trusts hereof and not immediately required for making any payment to members shall be invested in accordance with the relevant provisions of the Companies Act, 1994. So however that the securities in which the contribution made by the employees after the date of recognition of a Provident Fund and the interest on the accumulated balance of such contribution are invested are payable both in respect of capital and of interest in Bangladesh. Such investments shall be made in the names of trustees and may, when the conditions of the investments so permit, be made payable or transferable to the order of any two of the trustees. The trustees may from time to time vary, transpose and sell investments and purchase order of a similar nature, and until realization such investments shall be valued for all purposes at their cost price without taking depreciation or appreciation into account.
DEDUCTION OF INCOME TAX
32. Before making final payment to the member or nominee, as the case may be, the trustees shall deduct income tax, if any, under the provisions as envisaged in para 8, part B of First Schedule of the Ordinance or any other provisions of law for the time being in force.
WITHDRAWAL FROM THE PROVIDENT FUND
33. A member shall not be entitled to withdraw any money from the amount standing to his credit but the trustees may, in their discretion, allow the same under the terms and conditions to be put by them on special grounds in the following circumstances or circumstances of a similar nature:
to pay expenses incurred in connection with the illness of a subscriber or a member of his family, to pay for the passage over the sea or by air of a subscriber or any member of his family, to pay expenses in connection with marriages, funerals or ceremonies which, by the religion of the subscriber, is incumbent upon him to perform and in connection with which it is obligatory that expenditure should be incurred, to meet the expenditure on building or purchasing a house or a site for a house or a ready made house/flat or repairing the house/flat provided that such house/flat/site is assigned to the trustees of the fund, to pay premium of Life Insurance Policy of the subscriber or of his wife / her husband provided that the policy is assigned to the trustees of the fund or, at their discretion, deposited with them and that receipts granted by the Insurance Company for the premium are from time to time handed over to trustees for the inspection by the Deputy Commissioner of Taxes.
NO SUCH WITHDRAWL SHALL EXCEED 34.
a. The pay of the members for three months in case of withdrawal for (a), (b) and (c) or in the case, of withdrawals for the purpose specified in sub-rule (e) of rule 33 the pay of the members for six months, or the total of the accumulation of exempted contribution and exempted interest contained in the balance to the credit of the members, whichever is less, b. in the case of withdrawals for the purpose specified in sub-rule (d) of rule 33 eighty per cent (80%) of the total of accumulation of exempted contribution and exempted interest standing to the credit of the member and c. in the case of withdrawals for the purpose specified in sub-rule (e) of rule 33 the restriction imposed by sub-rule (a) above shall apply to each withdrawal and not to be total withdrawals. d. A second withdrawal shall not be permitted until the sum first withdrawn has been fully repaid. REPAYMENT OF WITHDRAWAL, ETC.
35. Where a withdrawal is allowed for any of the purposes referred to in rule 33, the amount withdrawn shall be repaid in not more than sixty equal monthly installments subject to the condition that amount of each installment shall not be less than 20% of the basic salary of the employee availing of the withdrawal. Such installments with interest shall be deducted from the monthly salary of the member.
INTEREST ON REPAYMENT WITHDRAWALS AND MODE OF RECOVERY
36. The rate of interest on the amount withdrawn by members shall bear interest at the rate as to be decided by the Board of Trustees yearly subject to the condition that the rate shall not be less than the rate of income/interest earned by the fund in the last year.
CLOSURE OF THE FUND
37. The trustees shall have power to close the fund at any time if considered advisable or necessary, in which event the money of the fund will be distributed amongst the members in accordance with their accounts. The fund shall be dissolved only with the consent of their majority of the beneficiaries.
ADDRESS OF THE TRUSTEE AND THE SECRETARY
38. The address at which the trustees and the secretary of the fund may be contacted is as follows: -
PULS TRADING FAR EAST LTD. ..................................................... ..................................................... Dhaka, Bangladesh.
39. The forms, which are prescribed in the next page, for use for the purpose mentioned on the respective forms:
IN WITNESS WHEREOF the company and the trustees put their hands the day and year first above written.
For PULS TRADING FAR EAST LTD.
Signature in presence of witness: Trustee(s)
1. Managing Director, Member and the Chairman of the Trustee
Mr. .............................. ........................., Member of the Trustee
Mr. .............................. ........................., Member of the Trustee
Mr. .............................. ........................., Member of the Trustee
Mr. .............................. ........................., Member of the Trustee
Mr. .............................. ........................., Member & Secretary of the Fund & Trustee
Mr. .............................. Office Peon, Member of the Trustee
DECLARATION TO BE SIGNED BY ALL MEMBERS (RULE-11)
The Trustees PULS TRADING FAR EAST LTD. Employees’ Provident Fund ....................................... ....................................... Dhaka, Bangladesh
I, hereby apply to become a member of the PULS TRADING FAR EAST LTD. Employees’ Provident Fund, effective from ................................
I hereby declared the I have had read over to me the Rules and Regulations of the Fund and have understood them, and I agree to abide by them and by any subsequent additions to and alternations in the same as may be from time to time hereafter lawfully be made.
I also agree to accept as binding the decisions of the Trustees of the Provident Fund on any question, which may arise in connection with my membership.
I hereby permit you, if my membership is accepted, to authorize company to deduct 10% of my basic salary every month as my contribution to the Fund.
Name in full
Date of birth
Date of joining service Signature
Bangladesh, the ………………………th day of …………………………….20 ……
FORM-“B” (RULE-22) PULS TRADING FAR EAST LTD. EMPLOYEES’ PROVIDENT FUND
The Trustees Puls Trading Far East Ltd. Employees’ Provident Fund ....................................... ....................................... Dhaka, Bangladesh
I, …………………………………………………………………son/daughter/wife of ……………………………………hereby nominate the person(s) mentioned below, who is/are the member(s) of my family as defined in Rule 2 (i) of the fund, to receive, in the event of my death the amount that may stand to my credit in the Fund, in the manner shown against his/her/their name(s) or in the event or any such person(s) not being alive at the time of my death to dispose of it in the manner prescribed under Rule 22 the Fund.
I hereby appointed the person(s) named in column 5 hereof to receive payment on behalf of nominee(s) who is/are minor(s) or is/are suffering from a legal disability.
Name and address of the nominee(s)
Relationship with the member
Whether minor or suffering from any legal disability
Amount or share of accumulation to be paid to the each
Name and address of the person to whom payment is to be made on behalf of minor or legally disable
person 1 2 3 4 5
Dated, this the ……………………………th day of ………………………………….20……… Witnessed by:
1. Signature ………………………………. Name …………………………………… Address …………………………... Signature of the member PF Number …………….. 2. Signature………………………….. Name………………………………. Address……………………………..
Secretary of the Fund
Note : This column should be filled in so as to cover the whole amount that may stand to the credit of the member in the Fund.
FORM – “D” (RULE-33)
PROVIDENT FUND WITHDRAWAL FORM
The Secretary Puls Trading Far East Ltd. Employees’ Provident Fund ....................................... ....................................... Dhaka, Bangladesh.
This is to inform you that my service with Firm ended on .................. due to voluntary resignation/termination/retirement/ closure of post. I would be glad if you would kindly close my Provident Fund and arrange to settle the balance lying credit to my account at the earliest.
Signature Name (block) Membership No. P/F joining date
...................................................... ...................................................... ...................................................... ......................................................
Recommended by Designation: (With seal & date)
To be Certified Accountant Last P/F contribution month ......................................................
Loan Sl. No. ............................................................................. Loan outstanding balance ......................................................... Interest due ............................................................................ Others ....................................................................................
APPROVED BY THE BOARD OF TRUSTEES
Approved in the ............................. meeting of the Trustee Board Members of Puls Trading Far East Ltd. Employees’ Provident Fund hear on ....................................
FORM – “E” (RULE-12)
SECOND SCHEDULE (RULE-47)
Puls Trading Far East Ltd. Employees’ Provident Fund Balance Certificate
It is hereby certified that the balance standing in the books of the Employees’ Provident Fund of Puls Trading Far East Ltd. to the credit of .................................................................................................... ......................................... ............................................................................................................ on ................................................... was Taka .............................................................................
_________________________ Signature of the Secretary of the Fund
The pros and cons of Provident Fund (PF) The BEST/Pros of Provident Fund 1. Lowest risk possible : There is no chance of someone running away with your money. Or later on being told that there is no way your money can be returned to you. If the PF is a recognized scheme, so you can be sure the fund kept on a bank account. This is the highest security an investment can have and, therefore, the safest. 2. Tax rebate on money invested As per Income Tax Ordinance, 1984 PF contributions (along with your subscriptions to other schemes that qualify for rebate benefits), are eligible for a 10% tax rebate. The maximum you can invest in PF to avail of the rebate per annum. 3. Great returns An investment in PF will earn you 10% per annum. But because of the tax rebate, your actual return of 10% works out to be higher. Moreover, the returns are compounded. That means you not only earn interest in the money you put in, but you earn interest on the interest earned, too. 4. No tax on interest earned The interest earned from a recognized scheme is totally exempt from tax under Six
schedule, Part A of the Income Tax Ordinance, 1984. 5. Flexibility of investment You can invest up to a maximum of Rs 60,000 per annum in the PPF. Some categories of investors, like authors, can go up to Rs 70,000. The minimum that you must put in every year is Rs 500. Besides having such a huge leeway in terms of the amount of money to be invested, you can invest the money in up to 12 installments. You don't have to put it all in one go. Each installment can be whatever amount you want it to be. They need not all be identical. 6. Exempt from all wealth tax : All the balance that accumulates over time is exempt from wealth tax. Also, should you default on any loan payments or declare bankruptcy and cannot repay your loans, the amount in your PPF account cannot be attacked by the courts. The worst of of Public Provident Fund - PPF (Cons) 1. The interest rate keeps changing It was initially 12% per annum, dropped to 11%, then 9.5% and is now 8%. This rate of interest is fixed by the government and there is nothing you can do about it. How to make this work for you: If the interest rate on PPF declines, interest rates on all other deposits (company and bank) and bonds also declines. So, frankly, there are no other alternative fixed-return investments that can compete because, overall, the interest rates are declining. 2. Lengthy lock-in period : Fifteen years to be exact. But, in actuality, it works out to 16 years since the last contribution is made in the 16th financial year. Even if you make an investment on the last day of your account (the day it is due to mature), you will still get a tax rebate. But, of course, you will not earn interest on that amount on the last day. How to make this work for you: Use this as a retirement planning tool. Money you will never touch. If you are just 22, you will get the money when you are around 38. You can use it to prepay your housing loan then. 3. Interest is calculated on the lowest balance : Interest is calculated on the lowest balance between the fifth and the last day of the month of March. Let's say you have Rs 100,000 in your PPF account and on the 10th, you deposit an additional Rs 10,000. Your interest will be calculated on Rs 100,000 (not Rs 110,000). How to make this work for you: If making a last minute deposit at the end of the
financial year, do so before March 5. 4. Lack of liquidity : Your money is stuck for years on end. It is not as easy as selling some shares or mutual fund units. How to make this work for you: Take a loan from the third year of opening your account to the sixth year. So if the account is opened during the financial year 1997-98, the first loan can be taken during financial year 1999-2000 (the financial year is from April 1 to March 31). The loan amount will be up to a maximum of 25% of the balance in your account at the end of the first financial year. In this case, it will be March 31, 1998. If you repay the loan in 36 months, interest will be charged at 12% pa. Otherwise, interest will be charged on the outstanding sum at 6% per month. You can obtain a second loan before the end of the sixth financial year if the first one is fully repaid. You can make a partial withdrawal only after five financial years are completed from the end of the year in which the initial subscription was made. So, in effect, it works out from the seventh year onwards. The amount of withdrawal is limited to 50% of the balance in your account at the end of the fourth year immediately preceding the year in which the amount is to be withdrawn; or at the end of the preceding year, whichever is lower. For example, if the account is opened in 1993-94 and the first withdrawal is made during 1999-2000, the amount of withdrawal will be limited to 50% of the balance as on March 31, 1996, or March 31, 1999, whichever is lower.
Provisions regarding repayments : 4.(1) When under the rules of any Government or Railway Provident Fund the sum standing to the credit of any subscriber or depositor, or the balance thereof after the making of any deduction authorised by this Act, has become payable, the officer, whose duty it is to make the payment shall pay the sum or balance, as the case may be, to the subscriber or depositor, or, if he is dead, shall (a) if the sum or balance, or any part thereof, vests in a dependant under the provisions of section 3, pay the same to the dependant or to such person as may be authorised by law to receive
payment on his behalf; or (b) if the whole sum or balance, as the case may be, does not exceed five thousand 9[ Taka], pay the same, or any part thereof, which is not payable under clause (a), to any person nominated to receive it under the rules of the Fund, or, if no person is so nominated, to any person appearing to him to be otherwise entitled to receive it; or (c) in the case of any sum or balance, or any part thereof, which is not payable to any person under clause (a). or clause (b) pay the same,(i) to any person nominated to receive it under the rules of the Fund, on production by such person of probate or letters of administration evidencing the grant to him of administration to the estate of the deceased or a certificate granted under the 10[ Succession Act, 1925,] entitling the holder thereof to receive payment of such sum, balance or part, or (ii) where no person is so nominated, to any person who produces such probate, letters or certificate: Provided that, where the whole or any part of any sum standing to the credit of the subscriber or depositor has been assigned to any other person before the commencement of this Act, and notice in writing of the assignment has been received by the officer from the assignee, the officer shall, after making any deduction authorised by this Act and any payment due under clause (a) to or on behalf of the widow or children of the subscriber or depositor (i) if the subscriber or depositor or, if he is dead the person to whom in the absence of any valid, assignment the sum or balance would be payable under this sub-section gives his consent in writing, pay the sum or part or the balance thereof, as the case may be, to the assignee, or (ii) if such consent is not forthcoming, withhold payment of the sum, part or balance, as the case may be, pending a decision of a competent Civil Court as to the person entitled to receive it. (2) The making of any payment authorised by sub-section (1) shall be a full discharge to the Government or the railway administration, as the case may be, from all liability in respect of so much of the sum standing to the credit of the subscriber or depositor as is equivalent to the amount so paid. Rights of nominees : 5.(1) Notwithstanding anything contained in any law for the time being in force or in any disposition, whether testamentary or otherwise, by a subscriber to, or depositor in, a Government or Railway Provident Fund of the sum standing to his credit in the fund, or of any part thereof, where any nomination duly made in accordance with the rules of the Fund, purports to confer upon any person the right to receive the whole or any part of such sum on the death of the subscriber or depositor occurring before the sum has become payable or before the sum. having become payable, been paid, the said person shall on the death as aforesaid of the subscriber of depositor, become entitled, to the exclusion of all other persons, to receive such sum or part thereof, as case may be, unless
(a) such nomination is at any time varied by another nomination made in like manner or expressly cancelled by notice given in the manner and to the authority prescribed by those rules, or (b) such nomination at any time becomes invalid by reason of the happening of some contingency specified therein, and if the said person predeceases the subscriber or depositor, the nomination shall, so far as it relates to the right conferred upon the said person, become void and of no effect: Provided that where provision has been duly made in the nomination in accordance with the rules of the fund, conferring upon some other person such right in the stead of the person deceased, such right shall, upon the decease as aforesaid of the said person, pass to such other person. (2) Notwithstanding anything contained in the Succession Act, 1925], any person, who becomes entitled as aforesaid, may be granted a certificate under that Act entitling him to receive payment of such or part, and such certificate shall not be deemed to be invalidated or superseded by any grant to any other of person of probate or letters of administration to the estate of the deceased. (3) The provisions of this section as amended by sub-section (1) of section 2 of the Provident funds (Amendment) Act, 1946, shall apply also to all such nominations made before the date of the commencement of that Act: Provided that the provisions of this section as so amended shall not operate to affect any case, in which before the said date any sum has paid, or has under the rules of the Fund become payable in pursuance of any nomination duly made in accordance with those rules. Power makes deductions : 6. When the sum standing to the credit of any subscriber or depositor in any Government or Railway Provident Fund which is contributory Provident Fund becomes payable, there may, if the authority specified in this behalf in the rules of the Fund so directs, be deducted therefrom and paid to Government or the Railway Administration, as the case may be,(a) any amount due under a liability incurred by the subscriber or depositor to Government or the Railway Administration, but not exceeding in any case the total amount of any contributions credited to the account of the subscriber or depositor and of any interest or increment which has accrued on such contributions; or (b) where the subscriber or depositor has been dismissed from his employment for any reasons specified in this behalf in the rules of the Fund, or where he has resigned such employment within five years of the commencement thereof, the whole or any part of the amount of any such contributions, interest and increment. Protection for acts done in good faith
7. No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act. Power to apply the act to the Provident Funds 8.(1) the Government may, by notification in the official Gazette, direct that provisions of this Act shall apply to any Provident Fund established for the benefit of its employees by any local authority within the meaning of the Local Authorities Loans Act, 1914, and, on the making of such declaration, this Act shall apply accordingly, as if such Provident Fund were Government Provident Fund and such local authority were the Government. (2) The Government may, by notification in the official Gazette, direct that the provisions of this Act shall apply to any Provident Fund established for the benefit of the employees of any of the institutions specified in the Schedule, or of any group of such institutions, and, on the making of such declaration, this Act shall apply accordingly, as if such Provident Fund were a Government Provident Fund and the authority having custody of the Fund were the Government: Provided that section 6 shall apply as if the authority making the contributions referred to in that section were the Government. (3) The Government may, by notification in the official Gazette, add to the Schedule the name of any public institution it may deem fit, and any such addition shall take effect as if had been made by this Act.
[ * * *] [Omitted] 9. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).] [Repealed] 10. [Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).]
Throughout this Act, except otherwise provided, the words “Bangladesh” and `Government` were substituted, for the words “Pakistan” and “Central Government” or “appropriate Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The words `the Government` were substituted, for the words and commas `the Secretary of State, the Central Government, the Crown Representative or any Provincial Government` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The word `Republic` was substituted, for the word `State` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The words `and references in this Act to the Government shall be construed accordingly` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Sub-clause (i) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Sub-clause (ii) was substituted, for the former sub-clause (ii) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The words `the railway` were substituted, for letter and word `a railway` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The word `Provincial` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The word `Taka` was substituted, for the word `rupees` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The words, commas and figure `Succession Act, 1925,` were substituted, for the words, commas and words `Succession Certificate Act, 1889, or under the Bombay Regulation VIII of 1827,` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The words, comma and figure `Succession Act, 1925` were substituted, for the words, comma and figures `Succession Certificate Act, 1889 or the Bombay Regulation VIII of 1827` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The commas and words `, or that Regulation, as the case may be,` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Sub-section (4) and the Explanation were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) PROVIDENT FUND Laws: i.) GENERAL PROVIDENT FUND RULES, 1979 ii.) CONTRIBUTORY PROVIDENT FUND RULES, 1979 iii.) PROVIDENT FUND ACT, 1925 . iv.) GOVERNMENT & AUTONOMUS BODIES EMPLOYEE'S BENEVOLENT FUND & GROUP INSURANCE ORDINANCE, 1982 v.) GOVERNMENT & AUTONOMUS BODIES EMPLOYEE'S BENEVOLENT FUND & GROUP INSURANCE RULES, 1982 vi.) BANGLADESH CHA SRAMIK KALLAYAN FUND ORDINANCE, 1986
PROVIDENT FUND MINUS BALANCES /OVER PAYMENTS Pay bills of Scientists and Subordinates staff working in Defence Laboratories are audited by the respective "R&D" Controllers. The individual submitted an application on 22-3-1994 for final settlement of his Provident Fund Accounts which was forwarded by the organization to the Bangalore vide their letter No. ADE/8903/Fin/GPF Final dt. 22-3-1994 along with statement of recoveries of subscription during 12 months preceding retirement i.e., from 8/92 to 7/93. Similarly Final withdrawals/Advances drawn by the individual during 12 months prior to retirement were also furnished for verification and onward transmission of the final settlement documents to copy of statement of subscription and withdrawals received from the organization is placed in Annexure ‘A’. The verified the subscription details from the pay bills concerned and the Final settlement papers were forwarded to the on 4-4-1994 for final payment of GP Fund balance to the individual. The Account of the individual was accordingly finalised and the GPF amount of Rs. 42216/- authorised for payment by the CDA(R&D) New Delhi vide their letter No. FC/R&D/91441 dt 15-4-94. 2. During August ‘97, vide their letter no. FC/II/R&D/91441/DB/19 dt. 28-8-97, CDA(R&D) New Delhi intimated the CDA(R&D) Bangalore that a minus balance of Rs. 29000/- persisted in the Provident Fund Account of the above named individual and that the amount was debited to his account based on a debit schedule processed by the Pay section of CDA(R&D) Bangalore during July ‘93. On verification of the records it was noticed that the individual was paid a Final withdrawal of Rs. 29000/- from his Fund Account during July ‘93. The debit schedule was processed alongwith other schedules of July ‘93 and included in batch No. 771 for the year 199394. The concerned Tape / Floppy was forwarded to CDA(R&D) New Delhi on 10-1-94 itself whereas the Final settlement papers of the individual were forwarded to them on 4-4-94 i.e., after a gap of 3 months of despatch of the Tape / Floppy containing the payment of Rs. 29000/- to the subscriber. 3. Thus an overpayment of more than Rs. 50,000/-(Principal + interest upto date) had taken place in provident fund accounts of a subscriber due to failure to account for a Final withdrawal drawn prior to retirement. 4. Extracts of Para 115 of OM Part II Vol I and paras 148 and 150 of OM Part V (Fund manual) containing instructions on processing of Fund advances/ withdrawals by the Pay audit offices and also communications to be sent to Fund Accounting officer are placed in Annexure B. 5. In the above case please discuss the following: a) Lapses on the part of the Unit/Pay Audit Officer/ Fund Accounting Officer. b) Assuming that you were the Auditor who dealt with the case in the Pay Audit office i.e., CDA(R&D) Bangalore, how you could have avoided the over payment ? c) What is the responsibility of the Fund Accounting Officer (CDA(R&D) New Delhi) in this case ? Are you satisfied with his action ? d) Narrate all the procedural lapses that contributed to the over payment. e) How do you avoid recurrence of such over payments in Provident Fund Accounts in future? EMPLOYEES' PROVIDENT FUND SCHEME 1952
Employee Definition: "Employee" as defined in Section 2(f) of the Act means any person who is employee for wages in any kind of work manual or otherwise, in or in connection with the work of an establishment and who gets wages directly or indirectly from the employer and includes any person employed by or through a contractor in or in connection with the work of the establishment. Membership: All the employees (including casual, part time, Daily wage contract etc.) other than an excluded employee are required to be enrolled as members of the fund the day, the Act comes into force in such establishment. Basic Wages: "Basic Wages" means all emoluments which are earned by employee while on duty or on leave or holiday with wages in either case in accordance with the terms of the contract of employment and witch are paid or payable in cash, but does not include a. The cash value of any food concession; b. Any dearness allowance (that is to say, all cash payment by whatever name called paid to an employee on account of a rise in the cost of living), house rent allowance, overtime allowance, bonus, commission or any other allowance payable to the employee in respect of employment or of work done in such employment. c. Any present made by the employer.
Excluded Employee: "Exclude Employee" as defined under para 2(f) of the Employees' Provident Fund Scheme means an employee who having been a member of the fund has withdraw the full amount of accumulation in the fund on retirement from service after attaining the age of 55 years; Or An employee, whose pay exceeds Rs. Five Thousand per month at the time, otherwise entitled to become a member of the fund. Explanation: 'Pay' includes basic wages with dearness allowance, retaining allowance, (if any) and cash value of food concessions admissible thereon. Employee Provident Fund Scheme: Employees' Provident Fund Scheme takes care of following needs of the members: (i) Retirement (ii) Medical Care (iii) Housing (iv) Family obligation (v) Education of Children (vi) Financing of Insurance Polices How the Employees' Provident Fund Scheme works: As per amendment-dated 22.9.1997 in the Act, both the employees and employer contribute to the fund at the rate of 12% of the basic wages, dearness allowance and retaining allowance, if
any, payable to employees per month. The rate of contribution is 10% in the case of following establishments:
Any covered establishment with less than 20 employees, for establishments cover prior to 22.9.97. Any sick industrial company as defined in clause (O) of Sub-Section (1) of Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 and which has been declared as such by the Board for Industrial and Financial Reconstruction, Any establishment which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth and Any establishment engaged in manufacturing of (a) jute (b) Breed (d) coir and (e) Guar gum Industries/ Factories. The contribution under the Employees' Provident Fund Scheme by the employee and employer will be as under with effect from 22.9.1997.
Employees' Provident Fund Interest rate: The rate of interest is fixed by the Central Government in consultation with the Central Board of trustees, Employees' Provident Fund every year during March/April. The interest is credited to the members account on monthly running balance with effect from the last day in each year. The rate of interest for the year 1998-99 has been notified as 12%. The rate of interest for 99-2000 w.e.f. 1.7.'99 was 11% on monthly balances. 2000-2001 CBT recommended 10.25% to be notified by the Government. Benefits: A) A member of the provident fund can withdraw full amount at the credit in the fund on retirement from service after attaining the age of 55 year. Full amount in provident fund can also be withdraw by the member under the following circumstance:
• • • •
A member who has not attained the age of 55 year at the time of termination of service. A member is retired on account of permanent and total disablement due to bodily or mental infirmity. On migration from India for permanent settlement abroad or for taking employment abroad. In the case of mass or individual retrenchment.
B) In the case of the following contingencies, the payment of provident fund be made after complementing a continuous period of not less than two months immediately preceding the date on which the application for withdrawal is made by the member:
Where employees of close establishment are transferred to other establishment, which is not covered under the Act: Where a member is discharged and is given retrenchment compensation under the Industrial Dispute Act, 1947.
Withdrawal before retirement: A member can withdraw upto 90% of the amount of provident fund at credit after attaining the age of 54 years or within one year before actual retirement on superannuation whichever is later. Claim application in form 19 may be submitted to the concerned Provident Fund Office. Accumulations of a deceased member: Amount of Provident Fund at the credit of the deceased member is payable to nominees/ legal heirs. Claim application in form 20 may be submitted to the concerned Provident Fund Office. Transfer of Provident Fund account: Transfer of Provident Fund account from one region to other, from Exempted Provident Fund Trust to Unexampled Fund in a region and vice-versa can be done as per Scheme. Transfer Application in form 13 may be submitted to the concerned Provident Fund Office. Nomination: The member of Provident Fund shall make a declaration in Form 2, a nomination conferring the right to receive the amount that may stand to the credit in the fund in the event of death. The member may furnish the particulars concerning himself and his family. These particulars furnished by the member of Provident Fund in Form 2 will help the Organization in the building up the data bank for use in event of death of the member. Annual Statement of account: As soon as possible and after the close of each period of currency of contribution, annual statements of accounts will de sent to each member through of the factory or other establishment where the member was last employed. The statement of accounts in the fund will show the opening balance at the beginning of the period, amount contribution during the year, the total amount of interest credited at the end of the period or any withdrawal during the period and the closing balance at the end of the period. Member should satisfy themselves as to the correctness f the annual statement of accounts and any error should be brought through employer to the notice of the correctness Provident Fund Office within 6 months of the receipt of the statement. Provident Fund Investment: The government is planning to invest the employees’ provident fund in the local bond markets to increase the balance of the funds, officials of the finance ministry have said. They said the balance of the provident fund declined to around Tk 260 crore at the beginning of the current financial year from Tk 2,060 crore in the last fiscal year due to sharp increase in the rate of withdrawal from the provident fund in recent times. A reason for the increase in the rate of withdrawal from the provident funds may be that people are investing in the booming capital market. We are planning to invest the provident funds in the bond market so that investors get good return as the interest rate of bonds is much higher than bank interest rates,’ said an official of the finance ministry adding that the fund was lying idle in the bank. A primary decision to invest the provident funds in bond markets was taken at a meeting of the cash and debt management committee, headed by a joint secretary of the ministry, last month. The finance ministry would work out strategies for making the funds conducive for investment,
the meeting decided. The ministry would submit a report to the next CDMC meeting, said an official. He said there were some restrictions in investing the provident fund and Bangladesh Bank would appoint an actuary, who would recommend how the government could overcome the restrictions. The CDMC meeting also sought Bangladesh Bank’s advice in this regard. Officials said that they were encouraged by the Indian government’s move to invest provident fund in the local share and bond markets this year. ‘Besides, the Chile government invested the fund in the local share and bond market earlier, building up the fund equivalent to 68 per cent of the country’s GDP,’ said another official. A World Bank report said Bangladesh’s bond market represented the smallest in South Asia, accounting for only 12 per cent of the country’s GDP. With $7.35 billion, the size of the country’s bond market is far smaller than the banking assets, estimated at nearly $32 billion, equivalent to more than 50 per cent of the GDP, the bank’s report on ‘South Asian domestic debt market’ said. Sri Lanka has the largest bond market in the region based on the value of outstanding bonds as percentage of GDP, followed by India, Pakistan, Nepal and Bangladesh. India’s bonds amounted to 35 per cent of GDP while Nepal’s domestic bonds were 15 per cent.
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